Dahlsten Truck Line, Inc et al v. T.J. Marquardt & Sons, Inc.

Filing 55

ORDER denying as moot 50 Marquart's Motion to Quash Subpoenas and for Entry of a Protective Order. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAHLSTEN TRUCK LINE, INC. and
GREAT WEST CASUALTY COMPANY,
8:14CV54
Plaintiffs,
vs.

ORDER

T.J. MARQUART & SONS, INC.,
Defendant.
This matter is before the court on the defendant’s, T.J. Marquart & Sons, Inc.
(Marquart), Motion to Quash Subpoenas and for Entry of a Protective Order (Filing No.
50). Marquart seeks to prevent the plaintiffs from deposing three non-party witnesses
before the court resolves Marquart’s summary judgment motion (Filing No. 24). See
Filing No. 50 - Motion. On May 18, 2015, the court entered a Memorandum and Order
granting, in part, Marquart’s summary judgment motion.

See Filing No. 53 -

Memorandum and Order. The court dismissed the plaintiffs’ breach of contract claim
but determined Marquart did not show there are no genuine issues of material fact or
that it was entitled to judgment as a matter of law on the plaintiffs’ Carmack Amendment
claim. Id. Beyond contending the depositions should not occur until the court ruled on
Marquart’s summary judgment motion, Marquart has not otherwise opposed the
subpoenas. Accordingly, in light of the court’s ruling on the summary judgment motion,
Marquart’s motion to quash is moot.

IT IS ORDERED:
Marquart’s Motion to Quash Subpoenas and for Entry of a Protective Order
(Filing No. 50) is denied as moot.

Dated this 1st day of June, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge